Real Estate & Property Law

Seller Disclosure Requirements in Pennsylvania

Pennsylvania requires sellers of residential real property to provide buyers with a Seller's Property Disclosure Statement under the Real Estate Seller Disclosure Law (68 Pa.C.S. § 7301 et seq.).

What Must Be Disclosed

The disclosure covers the condition of virtually every system and component of the property, including but not limited to: roof, basement, water intrusion, structural problems, plumbing, electrical, heating/cooling, well and septic systems, pests, hazardous substances (lead, asbestos, radon, underground storage tanks), environmental hazards, zoning violations, boundary disputes, and any known material defects.

The "Known Defect" Standard

Pennsylvania follows a "known defect" standard — the seller must disclose defects they are aware of. There is no duty to conduct inspections or discover latent defects. However, actively concealing a known defect (painting over water damage, for example) can give rise to fraud claims that survive the closing.

⚠ Practical Reality

The disclosure form is the single most common source of post-closing disputes. If you're buying, don't treat it as a substitute for a professional inspection. If you're selling, answer honestly and completely — "I don't know" is acceptable where true, but a false "no" when you know there's a problem can expose you to liability even after closing.

Exemptions

Certain transfers are exempt from disclosure requirements: transfers by court order (sheriff's sales, guardianship), transfers from estates (executor/administrator), transfers between co-owners, first sales of homes never occupied, and transfers to or from government entities.

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